The Overseas Track Gender Recognition Application Process

Question: I was not born in the UK but want to come to the UK. Can I have my gender change recognised here in the UK? Which forms should I use - the OVERSEAS or the STANDARD track forms?

Answer: If your birth was NOT registered in the UK, nor with a British Service overseas, and you have gender recognition from your home country, and if your home country is on the List of Approved States, you mayapply for Gender recognition in the UK using the simplified system of theOverseas Track Form.

LONG Answer:It all depends upon whether you have been recognised for all legal purposes as a member of your preferred gender IN YOUR HOME COUNTRY or your country of current citizenship.

The Overseas Track is ONLY for people who have already been recognised in their preferred gender by their home scountry or country of current citizenship in a process recognised by the UK government as similar to the UK Gender Recognition system.

The Overseas Track enables applications for gender recognition in the UK, by those whose birth was registered overseas, and whose gender has been recognised in their home country. Successful applications mean that trans people born overseas are able enter the UK already legally recognised as a member of their preferred gender role for all legal purposes including marriage and civil partnership.

The Overseas Track can also be used by those trans people, born overseas, who have less formal evidence e.g. their birth was never registered, to apply for gender recognition in the UK.

The Overseas Track also enables those people whose gender change has already been recognised in their home country or country of citizenship, in most cases**, to apply for recognition in a slightly quicker manner. It is intended to make it easier for these people, so that they can enter the UK, as already recognised by the UK government in their preferred gender.

The ONLY PEOPLE who should use the overseas track forms are those people:

whose who have already been recognised for ALL Legal Purposes in their preferred gender by a state or a country, in a process recognised by the UK government as equivalent to the UK Gender Recognition system. These countries can be foudn on the Approved List of Territories.

If your acquired gender has been recognised in one of the approved countries or territories, You can use the Overseas Track form be used before entering the UK.

The overseas track allows successful applicants to bring their spouses and children with them to the UK. Without a GRC, those people may not be recognised as being family members. The overseas track does away with any need for you to live apart, whilst the process of applying their gender recognition certificate is undertaken.

The people in the first group i.e. trans people whose birth was registered in another country, and whose gender has already been recognised in their birth country or country of citizenship of will have to meet the evidential requirements below:

1. Their country or state will have to be on the Approved List of Countries.**

** To use the overseas track the applicant would need to be able to show a new birth certificate, or equivalent, from the state their birth was registered in.

You will then need to supply the evidence to prove this. The way in which countries recognise a person's new gender varies from country to country. However, there will be some official documentation, such as an old and a new birth certificate.

You will need to supply all of the following relevant official documentation:

a new birth certificate (along with the old birth certificate), or

an amended birth certificate that proves you have been recognised as a member of your new gender for all legal purposes, or

a record of gender recognition equivalent to a Gender Recognition Certificate, or

a copy of an entry in a register maintained under the law of the approved country or territory that proves you have been recognised in your new gender

You must provide either original documentation (which will be returned to you) or certified copies, including translations.

You will need to state a country or territory that appears on the Gender Recognition Panel’s ‘approved list’. You gender must have been recognised under the law of this country and you must be able to provide evidence of legal recognition.

nb. If you are married or in a civil partnership, it may have a bearing on whether you are issued with a full or an interim Gender Recognition Certificate. You should read the special Guidance for married (or partnered) people before applying.

Usually if you have a legally recognised marrriage (in your country of recognition which is oen of the approved territories) to someone of the opposite gender, or similarly a legally recognised civil partnership to someone of the same gender you will be able to apply for a full certificate - but the marraige or civil partnership will not be legally recognised in the UK until you have your Gender recognition certificate.

*** Please note that many territories do not afford full legal recognition unless your birth certificate is altered or re-issued. As other countries cannot amend or reissue UK birth certificates, you may find that despite having every other document altered., you do not have full legal recognition in some countries. For example in some Australian states, full legal recognition can only be afforded to those whose birth is registered in that state.

e.g. The UK alters every other document at the point of transition not 2 years later, at the point of legal recognition. But all of those documents eg. driving licence, passport, national insurance number, NHS medical number etc. do not , in themselves, afford legal recognition. This has caused many problems for people born in the UK, but now living overseas. If you have any doubt - use the Standard track form.